AboutRay A Miller Expertise I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical and general collections and collection agency related issues. I currently train these subjects at a nationwide collection agency and customer service call center and audit around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I train our collectors. Even though I work for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.
Experience I am the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I currently train, audit and, give feedback to 150 associates and their Managers. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.
Organizations ACA International
Education/Credentials Some college
ACA Certified Collection Specialist
Question Situation: Wife took our daughter to emergency room for care. We paid required $50 copay. We then relocated. Recently negative item appeared for $82. Was never contacted by CA. I called CA to get details. They had tried to reach me, but only twice, at prior address and phone number. This is in Illinois. Care was provided on August 2007. It's now March 2009.
For $82 I don't care whether the debt is legit. I just want it off my CR.
Question #1: Because I don't feel that I received proper notification from CA, can I ask them to temporarily remove, then pay it, then have a case for it to stay off my CR?
Question #2: What is the proper way to request a Pay for Deletion (PFD)?
Question #2A: Is there anything in FCRA/other law that precludes CA from processing/honoring PFD?
Question #3: If I do end up with a letter or written confirmation from CA for PFD, I presume I have to pay first. Then I am at the mercy of CA to ask CRs to remove. Is the PFD enforceable? Or do I have to challenge CRs and assume CA won't verify?
Thanks so much!
Question #4:
Answer If the collection agency has proof they tried to contact you, they can put the on your credit. The only entity that can legally remove this item is the original client. Call the client, or better still, write them a certified letter explaining what happened and throw yourself on their mercy by paying the bill contingent upon them calling the collection agency and having this removed. MAKE SURE you get this in writing if they agree to do it.
The client is always in control of debts owed them, so there is no law that precludes this action.
There is no way that I know of that you can force a pay for deletion and the FCRA does not prohibit either.
